Offshore Trusts Report: Jersey
Jersey Trusts Amendment Act 2006
In early 2005, the government published a consultation
paper proposing significant amendments and enhancements to the
Island’s Trusts Law. Five main amendments were proposed.
The paper noted some criticism of the existing
anti-forced heirship provisions contained in Article 8A of the
Trusts Law and proposed either amending the existing article
or deleting it entirely and replacing it with a new article.
It is also proposed that Article 8A(2) of the Trusts Law should
apply to all individuals, not just persons domiciled outside
Jersey.
The paper proposed that a new article should be
added to the Trusts Law to confirm that the reservation, or
grant to another person, by a settlor of any powers from a defined
list should not invalidate the trust, and also to allow the
statutory duty of care imposed on trustees to be written out
by the trust instrument.
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